Reliable sources in the law ministry on Tuesday confided with The Express Tribune that the government has recommended Justice Raza Khan for the job. It was further mentioned that the recommendation has been forwarded too the prime minister for final approval.
As a result of a provision in the 18th constitutional amendment, the premier is bound to consult the opposition leader in the National Assembly, before giving his confirmation.
The premier will have to cross another barricade before appointing the NAB chief - consent of the Chief Justice of Pakistan.
In the face of these hurdles, observers believe that it might turn out to be a very tough decision if either the opposition leader or the chief justice, oppose the law ministry’s nominee.
In an important meeting held soon after the Supreme Court’s order to arrest Brigadier (retd) Imtiaz and Adnan Khawaja, the law minister, the law secretary and the attorney general have recommended the name of the former Supreme Court judge.
The Pakistan Muslim League (Nawaz) leader Anusha Rehman also said that her party will recommend Raza Khan’s appointment as the NAB chief.
She pointed out that the 18th constitutional amendment will lead to mutual consultation between the PM, the chief justice and the opposition leader, for the appointment of the NAB chief.
Justice (retd) Raza Khan however told The Express Tribune that he has not received any such indication by the government yet.
“I will confirm as I receive such notice by the government for this important position. I have not decided yet whether I will accept the offer or not”, he remarked, stating that there was no harm in serving as the NAB chairman.
Dr Khalid Ranjha, a known legal expert, said there was no hurdle in appointing Justice Raza Khan. “The NAB Ordinance 1999 clearly said that a retired or sitting judge of the apex court can be made the NAB chief,” he explained.
Meanwhile, Attorney General Maulvi Anwar-ul-Haq has again advised the law ministry to write a letter to the government of Switzerland regarding the reopening of the Swiss cases against President Asif Ali Zardari.
“There is no harm in writing a letter to Swiss authorities because it is obvious that the appeal would be struck down,” he observed.
He informed The Express Tribune that the government will come fully prepared in courtroom No 1 regarding the justification of the court’s order for NRO implementation.
The AG put forward these recommendations in the meeting, and advised the government to implement the court’s decision in letter and spirit.
It may be mentioned that Justice Raza in his consenting four-page note on the NRO’s judgment raised a question earlier mentioning, “Many accountability cases were politically motivated, politically indicted, and politically prolonged, obviously as a Sword of Damocles.”
Law Secretary Masood Chishti said that the appointment of the NAB chief is likely to be finalised by the end of this week. He however did not reveal any names.
Published in The Express Tribune, September 22nd, 2010.
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